Under these rules, activities carried out as a hobby, sport or recreation can not be claimed as a business. This also includes investment activity undertaken only to provide a tax loss for the investor.
In concluding whether or not farm activity is being carried on for profit, the IRS uses a number of factors for review. No one factor alone is decisive.
- You operate your farm in a business-like manner.
- The time and effort you spend on farming indicate that you intend to make it profitable.
- You depend on income from farming for your livelihood.
- Your losses are due to circumstances beyond your control or are normal in the start-up phase of farming.
- You change your methods of operation in an attempt to improve profitability.
- You, or your advisors, have the knowledge needed to carry on the farming activity as a successful business.
- You were successful in making a profit in the past doing similar activities.
- You can make a profit from farming in some years and how much profit you make.
- You can expect to make a future profit from the appreciation of assets used in the farming activity.
The bottom line is that you must take a strong look at what you are interested in and see what is happening as to whether or not you can call it a business. Many people develop hobbies into part time businesses, but they don't have the opportunity to underwrite the expenses as tax deductions. Once the activity starts to become more self-sustaining, it is a business with all of the trappings - recordkeeping, insurance, DBA, etc.
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